Federal Trade Commission v. AMG Services, Inc. et al

Filing 1085

STIPULATED FINAL JUDGMENT and ORDER OF EXECUTION. Judgment in the amount of One Billion Three Hundred One Million Eight Hundred Ninety SevenThousand Six Hundred Fifty Two Dollars ($1,301,897,652), is entered in favor of the Federal Trade Commiss ion against Defendants Nereyda M. Tucker, as Executor of the estate of Blaine A. Tucker, and LeadFlash Consulting, LLC, jointly and severally, as equitable monetary relief. Signed by Chief Judge Gloria M. Navarro on 11/7/16. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:12-cv-00536-GMN-VCF Document 1082 Filed 11/04/16 Page 1 of 3

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DANIEL G. BOGDEN
United States Attorney
District of Nevada
BLAINE T. WELSH
Assistant United States Attorney
Nevada Bar. No. 4790
333 Las Vegas Blvd. South, Suite 5000
Las Vegas, Nevada 89101
Phone: [phone]
Facsimile: [phone]
Email: [e-mail]
DAVID C. SHONKA
Acting General Counsel
NIKHIL SINGHVI
JASON D. SCHALL
HELEN P. WONG
IOANA RUSU
COURTNEY A. ESTEP
THOMAS E. KANE
Federal Trade Commission
600 Pennsylvania Avenue, NW
Mailstop CC-10232
Washington, D.C. 20580
Phone: [phone] (Singhvi)
Facsimile: [phone]
Email: [e-mail] (Singhvi); [e-mail] (Schall)
Attorneys for Plaintiff Federal Trade Commission
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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FEDERAL TRADE COMMISSION,
Case No. 2:12-cv-536
Plaintiff,

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v.
AMG Services, Inc., et al.,

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Defendants, and

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Park 269, LLC, et al.,
Relief Defendants.

JOINT MOTION TO ENTER
STIPULATION FOR FINAL
JUDGMENT AND ORDER OF
EXECUTION

Case 2:12-cv-00536-GMN-VCF Document 1082 Filed 11/04/16 Page 2 of 3

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On September 20, 2016, this Court granted the motion of Plaintiff Federal Trade Commission

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(“FTC”) and Defendants Nereyda Tucker, as Executor of the Estate of Blaine Tucker, and LeadFlash

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Consulting, LLC (collectively, the “Blaine Tucker Defendants”) to stay the summary judgment motions as

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to the Blaine Tucker Defendants, pending the FTC’s vote on a proposed settlement between those parties.

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(ECF No. 1054.) The FTC has since voted to approve the settlement with the Blaine Tucker Defendants.

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Now, therefore, the FTC and Nereyda Tucker, as Executor of the Estate of Blaine Tucker, and

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LeadFlash Consulting, LLC, through their undersigned counsel, jointly move this Court to enter the

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attached proposed Stipulation for Final Judgment and Order of Execution.

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Dated: November 14, 2016

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/s/ Jason Schall
____________________________________
Jason Schall
Federal Trade Commission
600 Pennsylvania Ave., NW
Mailstop CC-10232
Washington, DC 20580
[e-mail]
Tel. [phone]
Fax [phone]
Attorney for Plaintiff Federal Trade Commission

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/s/ Jeffrey D. Morris
___________________________________
Jeffrey D. Morris
Berkowitz Oliver Williams Shaw & Eisenbrandt LLP
2600 Grand Boulevard,
Suite 1200
Kansas City, MO 64108
[e-mail]
Phone: [phone]
Fax: [phone]
Attorney for Defendants Nereyda Tucker, as Executor of the Estate of Blaine Tucker, and
LeadFlash Consulting LLC

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Case 2:12-cv-00536-GMN-VCF Document 1082 Filed 11/04/16 Page 3 of 3

CERTIFICATE OF SERVICE

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I, Jason Schall, certify that, as indicated below, all parties were served by ECF with the JOINT MOTION
TO ENTER STIPULATION FOR FINAL JUDGMENT AND ORDER OF EXECUTION filed with
the Court.

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Von S. Heinz ([e-mail])
Darren J. Lemieux ([e-mail])
E. Leif Reid ([e-mail])
Jeffrey D. Morris ([e-mail])
Nick J. Kurt ([e-mail])
Justin C. Griffin ([e-mail])
Sanford I. Weisburst ([e-mail])
Kathleen Sullivan ([e-mail])
Attorneys for Defendants AMG Capital Management, LLC; Level 5 Motorsports, LLC; LeadFlash
Consulting, LLC; Black Creek Capital Corporation; Broadmoor Capital Partners, LLC; Scott A. Tucker;
Nereyda M. Tucker, as Executor of the Estate of Blaine A. Tucker
Patrick J. Reilly ([e-mail])
Linda C. McFee ([e-mail])
Robert Peter Smith ([e-mail])
Attorneys for Relief Defendants Kim C. Tucker and Park 269 LLC
Victoria W. Ni ([e-mail])
Craig B. Friedberg ([e-mail])
Attorneys for Intervenor Americans for Financial Reform

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November 14, 2016
/s Jason Schall
Jason Schall

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- --····-. ··. . ·

Case 2:12-cv-00536-GMN-VCF Document 1082-1 Filed 11/04/16 Page 1 of 10

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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FEDERAL TRADE COMMISSION,

Case No. 2: 12-cv-536

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Plaintiff:

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AMG Services, Inc. et al.,

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[PROPOSED]
STIPULATION FOR FINAL
JUDGMENT AND ORDER OF
EXECUTION

v.

Defendants, and
Park 269 LLC, et al.,

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Relief Defendants.

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Plaintitl the Federal Trade Commission ("Commission"), filed its Complaint for Injunction and
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other Equitable Relief, subsequently amended as First Amended Complaint for Injunction and other

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Equitable Relief (as amended, ("Complaint")), for a permanent inj unction, and other equitable relief in this

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matter, pursuant to Section 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. § 53(b);

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the Truth in Lending Act ("TILA"), 15 U.S.C. §§ 1601-1666j; and the Electronic Fund Transfer Act

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("EFTA"), 15 U.S.C. §§ 1693-1693r. Defendant Blaine Tucker died on March 9, 2014. By order dated

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June 17, 2014, the Court ordered the substitution ofNereyda M. Tucker, as Executor of the estate of Blaine
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A. Tucker, for Defendant Blaine A. Tucker. The Commission and Defendant Nereyda M. Tucke-r, as
Executor of the estate of Blaine A. Tucker, and Defendant LeadFlash Consulting, LLC (collectively,

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"Defendants") stipulate to the entry of this Stipulation for Final Judgment and Order of Execution

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("Order") to resolve all matters in dispute in this action between them.

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THEREFORE, IT IS ORDERED as follows:

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FINDINGS

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1.

This Court has jurisdiction over this matter.

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..

2.
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The Complaint charges that Blaine A. Tucker and LeadFlash Consulting, LLC ("LeadFlash")

participated in deceptive acts or practices in violation <;>f the FTC Act, and violations of Tl LA and EFTA,

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in connection with the offer and sale of high-fee, short-term, online payday loans.

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3.

Only fotpurposes of this action, Defendants admit the facts necessary to establish jurisdiction.

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4.

Defendants waive any claim they may have under the Equal Access to Justice Act, 28 U.S.C.

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2412, concerning the prosecution of this action through the date of this Order, and agrees to bear their

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own costs and attorney fees.

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5.

Defendants waive all rights to appeal or otherwise challenge or contest the validity of this Order.

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6.

Defendants consent to the sale by the U.S. Marshal of personal property described in Article I.C

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below (hereinaner, "Property"). Pursuant to 28 U .S.C. § 3202, Defendants acknowledge notice of the sale

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and waive service and hearing. Accordingly, pursuant to 28 U.S.C. § 3013, the Court issues the Order of

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Execution below with modifications to the default procedures enumerated in 28 U.S.C. §§ 3202, 3203(c),

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and 3203(g).

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7.

The September 30, 2016 order and judgment of the Court (ECF No, 1057) states: "As per the

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Court's Order of September 20, 2016, the instant Order does not implicate Defendants Nereyda Tucker, as

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Executor of the Estate of Blaine Tucker, or LeadFlash Consulting, LLC. (See Order, ECF No. 1054 ), ECF

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No. 1057, at FNI. However, the order and judgment subsequently imposed judgment against all

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defendants, to include by way of definition Defendants Nereyda Tucker, as Executor of the Estate of

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Blaine Tucker, or LeadFlash Consulting, LLC. ECF No. 1057 at 26~27. The instant Stipulation confirms

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that the September 30, 2016 order and judgment of the Court (ECF No. 1057) does not apply to Defendants

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Nereyda M. Tucker, as executor of the estate of Blaine A. Tucker, and LeadFlash Consulting, LLC.
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DEFINITIONS

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A.

"Estate" means the Estate of Blaine A. Tucker, deceased, and its Executor.

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Case 2:12-cv-00536-GMN-VCF Document 1082-1 Filed 11/04/16 Page 3 of 10

B.
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"The Executor" means Defendant Nereyda M. Tucker, as Executor of the Estate of Blaine A.

Tucker
"Probate Case" means In the Matter of The Estate ofBlaine A. Tucker, Deceased, Case No. 14 PR

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C.

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335 (Johnson County, Kan.).

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D.

"Probate Court" means the District Court of Johnson County, Kansas, Probate Department.

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ORDER

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I. MONETARY JUDGMENT AND PARTIAL SUSPENSION
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TT IS FURTHER ORDERED that:

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Judgment in the amount of One Billion Three Hundred One Million Eight Hundred Ninety Seven

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A.

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Thousand Six Hundred Fifty Two Dollars ($1,301,897,652), is entered in favor of the Commission against

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Defendants, jointly and severally, as equitable monetary relief.

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B.

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Nereyda M. Tucker, Successor Trustee, is ordered to effectuate payment to the Commission from

the Blaine A. Tucker Declaration of Trust Dated November 29, 20 12:

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1.

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Ten Million, Eight Hundred Thirty Seven Thousand, Eight Hundred Seventy Four Dollars
and Five Cents ($10,837,874.05). Such payment must be made within seven (7) days of

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entry of this Order by electronic fund transfer in accordance with instructions previously

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provided by a representative·of the Commission;

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2.

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Two Hundred Twenty Five Thousand Dollars ($225,000). Such payment must be made
within 6 months of entry of this Order by electronic fund transfer in accordance with

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instructions previously provided by a representative of the Commission; and
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3.

Any difference between Fifty Three Thousand Thirteen Dollars and Fitly One Cents

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($53,013.51) and Nereyda Tucker's actual tax liability with respect to the transfer of funds

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to the FTC from the One Retirement, LLC, account in the name of Blaine Tucker IRA with

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account number ending in 1411. Such payment shall be made within fifteen (15) days of the
date Nereyda Tucker files her 2016 federal and state income tax returns.

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Upon such payments, transfers of all assets listed in Subsection C, and the allowance of the

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Commission's claim against the Estate in the Probate Court (the procedure for which is set forth in part in

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in Subsection D), the remainder of the judgment is suspended, subject to the Subsections below. During

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the period between entry of the order and completion of all payments outlined in Subsections B. I, B.2, and

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BJ, the FTC agrees to stay execution of the remainder of the judgment, provided that those payments are

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effectuated timely.

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C.

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may be required, including executing any documents and providing any necessary information, to deliver

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the Property listed below to the U.S. Marshal :

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Within seven (7) days of entry of this Order, Defendants shall cooperate fully and take such steps as

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One 2007 Porsche 911., VIN WPOCB29907S776681.

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Seven watches:

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One Rolex with gold tone face, eight diamonds, and two-tone band;

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One Rolex with black face, green tone glass, and stainless band;

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c.

One Rolex with silver tone face, eight diamonds, and two-tone band;

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d.

One Rolex with silver tone face, eight diamonds, and stainless band;

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One Rolex with gold tone face and two-tone band;

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One Rolex with green face and stainless band;

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One Alpina with black face and black leather band.

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Defendants represent that there are no liens or encumbrances on the Property and that they will not add any

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such encumbrances after signing this Order. Until Defendants surrender possession of the Property to the

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U.S. Marshal, Defendants shall maintain and take no action to diminish the value of the Property, and shall

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remain current on any amounts due and payable on the Property, including but not limited to tax,
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insurance, reasonable and necessary maintenance, and similar fees.

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D.

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Probate Case. Pursuant to K.S.A. § 59-2238, the Executor shall join the FTC in filing in the Probate Case

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a certified copy of the judgment imposed by the Order within thirty (30) days of the entry of this Order.

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The judgment imposed pursuant to this Order shall be allowed as a claim in the Estate in the

The Executor shall set down the claim of the FTC for approval of the judgment imposed by this Order as
an allowed claim against the Estate pursuant to K.S.A. § 59-1301 and promptly provide notice of such

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hearing in accordance with K.S.A. § 59-2237(a). The Executor waives any defenses and consents to the
allowance of the judgment imposed by this Order as an allowed claim against the Estate.

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E.

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the truthfulness, accuracy, and completeness of Defendants' sworn financial statements and related

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documents (collectively, "financial representations") submitted to the Commission, namely:

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The Commission's agreement to the suspension of part of the judgment is expressly premised upon

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the Financial Statement of the Estate of Blaine A. Tucker, signed by Nereyda M. Tucker,

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Executor, on April 15, 2016, including the attachments, as supplemented on April 21, 2016
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and May 13, 2016;

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2.

Successor Trustee, on Apri I 13, 2016, including the attachments;

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the Financial Statement of Corporate Defendant Lead Flash signed by Nereyda M. Tucker,

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the Financial Statement of the Blaine A. Tucker Declaration of Trust Dated November 29,
2012 signed by Nereyda M. Tucker, Successor Trustee, on May 2, 2016, including the

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attachments.

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4.

on or around August 13, 2016 at 12:55 pm, including the attachments; and

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the emaii sent by William Sanders, Defendants' counsel, to Jason Schall, the FTC's counsel,

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the representations in Subsection I.C above regarding the Prope1ty.

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F.

The suspension of the judgment will be lifted as to any Defendant if, upon motion by the

Commission, the Court finds that Defendant failed to disclose any material asset, materially misstated the

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value of any asset, or made any other material misstatement or omission in the

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fin~ncial

identified above.

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. G.

representations

If the suspension of the judgment is lifted, the judgment becomes immediately due as to that

Defendant in the amount specified in Subsection A above (which the parties stipulate only for purposes of

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this Section represents the consumer injury alleged in the Complaint), less any payment previously made

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pursuant to this Section, plus interest computed from the date of entry of this Order.

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H.

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equitable right, title, and interest in all assets transferred pursuant to this Order and may not seek the return

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of any assets.

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I.

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Defendants, in their representative and individual capacity, relinquish dominion and all legal and

The facts alleged in the Complaint will be deemed admitted by Defendants in any subsequent civil

litigation by or on behalf of the Commission in a proceeding to enforce its rights to any payment or

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monetary judgment pursuant to this Order, such as a nondischargeability complaint in any bankruptcy case.
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The facts alleged·in the Complaint establish all elements necessary to sustain an action

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by the Commission pursuant to Section 523(a)(2)(A) of the Bankruptcy Code, 11 U .S.C. § 523(a)(2)(A),

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and this Order will have collateral estoppel effect for such purposes.

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K.

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Employer Identification Numbers) for Blaine A. Tucker, LeadFlash, and the Blaine A. Tucker Declaration

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Defendants acknowledge that the Taxpayer Identification Numbers (Social Security Numbers or

of Trust Dated November 29, 2012, which Defendants previously submitted to the Commission, may be

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used for collecting and reporting on any delinquent amount arising out of this Order, in accordance with 31

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u.s.c. §7701.

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L.

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by the Commission or its designee to be used for equitable relief, including consumer redress and any

All money paid to the Commission pursuant to this Order may be deposited into a fund administered

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Case 2:12-cv-00536-GMN-VCF Document 1082-1 Filed 11/04/16 Page 7 of 10

,.-,-,-----,----.,.,.~
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attendant expenses for the administration of any redress fund. If a representative of the Commission

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decides that direct redress to consumers is wholly or partially impracticable or money remains after redress

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is completed, the Commission may apply any remaining money for such other equitable relief (including

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consumer information remedi es) as it determines to be reasonably related to the practices alleged in the

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Complaint. Any money not used for such equitable relief is to be deposited to the U.S. Treasury as

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disgorgement. Defendants have no right to challenge any actions the Commission or its representatives

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may take pursuant to this Subsection.
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M.

Defendants and the Commission contemplate that, pursuant to the Commission's litigation against

other parties in this case, the Commission may come into possession of a debt, predating the death of

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Blaine Tucker, owed by Black Seas Investments, LLC, to Defendant Black Creek Capital Corporation.

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Should the Commission come into possession of such debt, it will not attempt to recover such debt from

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Defendants if the judgment is suspended as set forth in Subsection B above and the suspension is not lifted

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pursuant to Subsection E above.

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II.

MODIFICATION AND DISSOLUTION OF THE ASSET FREEZE

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IT IS FURTHER ORDERED that the preliminary injunction entered by this Court on March 31,

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2016 (ECF No. 960) ("Asset Freeze") is modified as follows. For purposes of this Section of the Order,

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Defendants are referred to as "Settling Defendants."

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A.

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The Asset Freeze is modified to permit the Settling Defendants to effectuate the payments and

transfers identified in this Order.
B.

Upon the completion of the payment required in Section 1.B.1 and the transfers required in Sections

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J.C. I and Section I.C.2, the Asset Freeze as to the Settling Defendants will be dissolved.

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C.

The personal assets ofNereyda M. Tucker that were not owned in whole or in part by Blaine A.

Tucker at the time of his death are not subject to the Asset Freeze.

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III.

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ORDER ACKNOWLEDGMENT

IT IS FURTHER ORDERED that Defendants, within three (3) days of entry of this Order, must
submit to the Commission an acknowledgment of receipt of this Order sworn under penalty of perjury.

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IV. RETENTION OF JURISDICTION

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IT IS FURTHER ORDERED that this Court retains jurisdiction of this matter for purposes of

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construction, modification, and enforcement of this Order.

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V. ORDER OF EXECUTION
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TO THE UNITED STATES MARSHAL, HIS DEPUTIES AND AGENTS:
On this date, a judgment was entered in the United States District Court for the District of Nevada against

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the defendant, Nereyda M. Tucker as Executor of the Estate of Blaine A. Tucker, imposing $1,301,897,652

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in monetary equitable relief. After the payments required in Section LB. I and 2 of the final j udgment,

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there will be a balance of approximately $1,290,834, 778 owed for the debt. Defendant consents to the

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seizure and sale of the Property pursuant to the Order of Execution below. Pursuant to 28 U.S.C. § 3202,

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defendant acknowledges notice of the sale and waives service and hearing. Accordingly, pursuant to 28

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U.S.C. § 3013, the Court authorizes the U.S. Marshal, in his discretion, to waive the default procedures

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enumerated in 28 U.S.C. §§ 3202, 3203(c), and 3203(g).

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NOW, THEREFORE, YOU.ARE HEREBY COMMANDED to satisfy the judgment by levying on and

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selling the following Property in which defendant has a substantial non-exempt interest, namely:

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1. One 2007 Porsche 91 I, VIN WPOCB29907S77668 J

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2. One Rolex watch with gold tone face, eight diamonds, and two-tone band

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3. One Rolex watch with black face, green tone glass, and stainless band

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4. One Rolex watch with silver tone face, eight diamonds, and two-tone band

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5. One Rolex watch with silver tone face, eight diamonds, and stainless band

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6. One Rolex watch with gold tone face and two-tone band

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7. One Ro lex watch with b>Teen face and stainless band
8. One Alpina watch with black face and black leather band

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YOU ARE COMMANDED and authorized to accept surrender of the Property subject to the Order at a

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time and place mutually agreed between you and the defendant; and,

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YOU ARE COMMANDED and authorized, ifthe defendant does not surrender the Prope1ty within seven

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(7) days of the entry of this Order, to take all necessary actions, including but not limited to the use of

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reasonable force, to enter and remain on (i) the defendant's premises, located in Leawood, Kansas (the
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exact address of which will be given to you by the Commission) and (ii) 20 1 West 80th Terrace, Kansas

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City Missouri 64114, including but not limited to, the land, the buildings and any structures located

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thereon, and vehicles, and to open any locked doors, compartments and/or containers located thereon, for

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the purpose of executing this Order.

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YOU ARE AUTHORIZED, pursuant to 28 U.S.C. § 3013, in lieu of the procedures established in 28
U.S.C. § 3203(g), to sell the Property in any commercially reasonable manner, including but not limited

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sale by a broker, auctioneer, or other professional;

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YOU ARE COMMANDED to deduct from the proceeds of an executed sale of the Property an amount

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equal to the outstanding reasonable expenses incurred in making the levy of execution and in keeping and

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maintaining the Property;

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YOU ARE COMMANDED to collect any outstanding c osts and expenses from the proceeds of sale of the

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Property, and to make return of this Order within ninety (90) days after the date of issuance if levy is not

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made, or within thirty (30) days after the date of sale of the Property; YOU ARE COMMANDED that the
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levy and sale shall not exceed property reasonably equivalent in value to the aggregate amount of the

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judgment, plus your costs and expenses;

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YOU ARE COMMANDED that the net proceeds of the sale of the Property shall be deposited with the

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Clerk of the United States District Court as payment for the defendant's debt; and

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Case 2:12-cv-00536-GMN-VCF Document 1082-1 Filed 11/04/16 Page 10 of 10

YOU ARE AUTHORIZED if, after a sale conducted according to the terms of this Order, some or all of
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the Property remains unsold, at the discretion of the Plaintiff, to conduct a second sale of the Property, or
the unsold portion thereof, according to the terms of this Order.

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November
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SO ORDERED this_ day of _ _ _ _ _ _, 2016.

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UNITED STATES DISTRICT JUDGE

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SO STIPULATED
Vo-.M'"~ _
Dated: ·'Al:!-gttst '.j, 2016

Is

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Nikhil Singhvi
Federal Trade Commission
600 Pennsylvania Ave., NW
Mailstop CC-10232
Washington, DC 20580
[e-mail]
Tel. [phone]
Fax [phone]
Attorney for Plaint(IJ Federal Trade Commission

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Jeffrey D.
Berkowitz liver Williams Shaw & Eisenbrandt LLP
2600 Grand Boulevard,
Suite 1200
Kansas City, MO 64108
[e-mail]
Phone: [phone]
Fax: [phone]
Attorney for Defendants Nereyda Tucker, as Executor
of the Estate ofBlaine Tucker, and LeadFlash
Consulting LLC

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-l~

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Executor o.f the Estate (d'Blaine A. Tucker, Deceased

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LeadFlash Consulting, LLC
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